The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-11
THE Hon. HIRAM CASSIDY
OPENED TIE ARGUMENT FOE
THE DEFENSE YESTERDAY
In the Hamilton. Gambreli Case, and
Judge L. Brame for
the state.
THE aMPOREANC WITNESS FOR
The DEFENSE,
Tkemas Hardy, SkiDs by the Light
Of the M0sn, Which
Looks Bad.
IRH0zAL 10 rRR ArPKAL.l

JACKSON, MISS June l0-The ar
gument in the Hamilton trial was re.
Bumed at 8 o'clock this morning. The
Hon. Hiram Cassidy opened the ar
gument today for the defense. He
aaid he was confused as to the line OF
argument to pursue. He thought that
Hamilton was charged with murder,
but he seems TO be cnarged with being
a supporter OF the city government, of
belonging to an association OF gentle
men to reap gain from convict labor,
which additional charges, he said
ironically, he supposed are not bail
able, though he did not think it a
crime to be associated Rs indicated, as
Hamilton was so associated with his
friend Allen, who had thus srraigned
him. There being a dearth of mate
rial eliminating facts, the prosecution
are resorting to imaginary and trivial
things to sustain their theory, and
seizs upon circumstance, however
unimportant In Itself. He thus re-
ferred to the use of the led wagon,
which Hamilton had before so used
thousand times with no Importance
attached 10 IL. He followed Hamilton,
rs the prosecution has followed him,
(. in several trips to West jackson, the
government building on the morning
of the killing, and to the depot the
y night of the homicide, ard showed
that no imper ance should be
attached to these movements in con.
nection with this charge. He charged
that all Of Hamilton's movements for
several days prior to the homicide
had been 30 well treasured up that it
would seem to indicate that he had
been shadowed by some one, Why
30 much suspicion OF conspiracy Had
the difficulty eliminated at the time
Ryan warned the deceased would not
Judge Brame and myself have been
suspected Of beipg in the conspiracy ?
rs we were in close conversation with
Hamilton then in West Jackson. Had
Hsmilton been XII ed and Mr..
Allen been called upon to prosecute,
would he not have charged Purser
and Walter Jones with conspiracy
with the same propIiery as to charge
1t upon Albrecht and Figures? They
were on the ecene soon after the first
shot. Jones was with Gsmbrell at
glaring at Hamilton. If disposed 10
charge conspiracy, could point to
the fact that the eye witness to the
Transaction whose testimony excul-
pates Hamilton and whom the coron-
er's jury declined to designate as &C.
cessoriee, have now been charged as
nucb, NOT, perhaps, with the hope
that they will be caught, but to en-
velope them in such q cloud that this |
Testimony will not be believed. II
wanted to distort what could / make |
out Of the matter that Isaac Thomas,
q known important witness, could
not be found by us after |
interminable search, VIXEN the dis |
trict attorney knew Of his where
abouts and all Of his movements, and
had hsaId what Thomas would testify
10 and failed 10 have him SUBJ enaed
or tell his wheresbo utsP He said that |
Judge Harris has properly character |
izsd this trial rs combat between fi3- |
ton and fact. When circumstances |
are relied upon to prove guilt they
must be 30 strong az to exclude every
other hypothesis, He took up Ham,
ilton's testimony and compared it
with witnesses or corroborat on. Said
the line of the prosecution is to give
undue impor auce to trivial circum-
stances. He then proceeded to show
reasons to induce Gambrell TO have
made the attack, and his desire to
break up an auti-prohibition meeting
over which Hamilton presided, saying
if a difficulty ensued, "Little Joney is
my meat" Judge Cassidy spoke two
hours and six minutes.
JUDGE L, FRAME,
for the State, followed Judge Cassidy.
He said ths defense must rely upon
one of two theories, first, that the
meeting was accidental and the firing |
begun by Gambrell; second, that as |
presented by Issac Thomas the meet |
ing was not accidental, but q cold !
blooded ate mpt by Gsmbrell at a*as-
sipation. Hamilton has planted him
self on two propositions, both Of which |
must be maintained or he falls. Ham, |
ilton says that he was shot while in
the carrisge, and that he was the only l
person that was engaged with Gam.
brell. The matter of prohibition was
brought in to show a cause for malice. |
Judge Harris wants to eliminate pro.
hibition from this case, but we do not |
intend that it shall be eliminated.
Read the article in the StVord and |
Shield cf April 23j. The article,
whether true or false did not Justify |
the killing; he aimed that Hamil.
ton continued to sffi late and asso-
ciate with Albrecht and other liquor
men. The liquor men, according to
what Hamilton said to Nugent, had con-
cocted scheme to asssBsinate Gamb.
rell last summer, " which Hamilton frus-
trated. 1t was splendid opportunity
for him now to have him assassinated.
He then reviewed the testimony,
arguing the improbsbility Of Gam
brell having shot first and Of Hamil-
toms ability 10 have gotten out of the
cRrrisge ard killed him, ss claimed. II
the carriage was not on the bridge the
theory of ths defense is broken down.
He said he did not believe that VIM.
Hardy was in the conspiracy to kill
Gambrell. He said there was Rot
much sgainst Figures, except that he
was there looking on to see the fun.
GuUduAp WAC tuoIo W ODoy thO OIuoAp
OF Hamilton. The de'ense ask that
the alleged accessories be discharged
and Hamilton admitted to bail. Ii the
theory OF self defense be true, Hamil-
ton should be released and not held to
bail. He denies that Hamilton aud
Eubanks are entitled to bail. He
spoke two hours and quarter.
HERE COL. NUGeNT
announced tn It the spe ,ial baiiff who
he'd gone to Mississippi City for Thos.
O. Hardy had just telegraphed that
said Hardy had left for Mobile yesier.
day morning and was therefore be-
yond the reach of the process that had
been issued for him. Col. Nugent fur.
ther stated that he regretted this ex.
ceedingIy as Whist he expected to prove
by Mr.. Hardy would vindicste ths
honor OF both the gentlemen connect
ed with the unfortunate tragedy.
Thomas G. Hardy positively refused